With the first day of school looming, Texas will go to court on Friday andbegin pressing its argument that the Obama administration strayed outside the law by ordering public schools to accommodate transgender students.

In a case expected to come down to the distinction between sex and gender identity, the state’s lawsuit against the federal government is set for its first hearing Friday morning in Fort Worth, where U.S. District Court Judge Reed O’Connor will hear arguments over Texas’ request for a preliminary injunction. Texas, joined by 10 other states, in May sued the Department of Education over the guidelines, which instruct schools not to discriminate against transgender students.